Post arrest procedures

Question 1

263/1A and other legal precedent allow ________ and _____ those arrested during booking

Answer 1

Fingerprinting and photographing

Question 2

True or false, Booking may be videotaped, even if the defendant is unaware that he is being recorded

Answer 2

True

Question 3

What does 263/1 require ………and…… to offenders who’ve been arrested

Answer 3

State the reason for arrest and

provide a copy of the arrest warrant on request

Question 4

Under 276/33A, a person under arrest has the right to use the telephone within ___ Hour following his arrival at the station under arrest

Answer 4

1

Question 5

The Police official in charge of the station or other places of detention should allow the suspect to use the telephone within one hour of being ……

Answer 5

Brought to the station under arrest

Question 6

True or false. 276/33 requires that the officer in charge and his designee shall examine, prior to placing the prisoner in a cell, said prisoner for injuries

Answer 6

False
(Only the OIC preforms this function, and an “immediate” exam is mandated)

Question 7

If a person in police custody commits suicide or dies, the OIC shall write a report, and a copy shall be sent within ______ days of the death to the _______ ______

Answer 7

7 Days
Medical Examiner

Question 8

Detainees must be protected from sexual abuse and a full investigation is required in response to any allegation against staff or other detainees. This is mandated in federal law known as ___.___.___.___

Answer 8

PREA
prison rape elimination act

Question 9

Under 123/18b the OIC may ______ ______ a prisoner who agrees to obtain voluntary mental health treatment. This is perfect for prisoners accused of minor crimes who poses little safety risk and needs treatment

Answer 9

Voluntary release

Question 10

Police have ______ hours from the time of the arrest to interview the defendant

Answer 10

6 hours

Question 11

What is the 6 exceptions to the 6 hour rule

Answer 11

1) the arrestee needs medical attention

2)the arrestee is incapacitated from drugs or alcohol

3) a police emergency delays the interview

4) police request consent to search

5) the arrestee signs a written waiver of prompt arraignment

6) the arrest occurs outside of Massachusetts

Question 12

Unless he is released or arraigned, an arrestee must be afforded a probable cause determination by a neutral magistrate within ________ hours of his arrest without a warrant

Answer 12

24 hours

Question 13

If a defendant refuses to answer ______ _______ the police may properly place them in a cell without a phone call or bail hearing until they’re ready to cooperate

Answer 13

Booking question

Question 14

Following an OUI arrest, police must advise the defendant of his right to an immediate examination by a physician under ______/______

Answer 14

263/5A

Question 15

Police are obliged to inform the arrestee of their right to an _______ ______, but are not obliged to assist the arrestee in obtaining one if they request one

Answer 15

Independent investigation

Question 16

Article 36 of the Vienna Convention states that if a foreign national is arrested, authorities shall inform the subject of his right to have his _______ notified

Answer 16

Consulate

Question 17

If diplomatic immunity is confirmed and the officer is not in danger the officer is still allowed to …..

Answer 17

Cite the diplomat for traffic violations

Question 18

State Officers may only keep an individual who is the subject of an immigration detainer in custody if there is a _______ _____ or probable cause of a ______ ____ __ ____ _____

Answer 18

Judicial Warrant
Arrestable state or federal crime

Question 19

When arresting a deaf person the arresting officer must procure a ________ when a deaf or hearing impaired person is arrested

Answer 19

Interpreter
(No oral or written statement admissible without this protection)

Question 20

On any warrant for a felony or misdemeanor punishable by more than 100 days arrestee must be brought to court where arrest made or where warrant issued. Only ……

Answer 20

Judge or Clerk can bail

Question 21

If a warrant is for a misdemeanor punishable by 100 days or less arrestee may be released by _______ ________ from station. No court appearance required

Answer 21

Bail commissioner